Date: Sun, 5 Feb 2006 16:16:21 -0800 (PST)
From: David S
Subject: John and Mateo Chapter 27
Hello everyone. Do you remeber me? lol I know it's been too long. I'm
so sorry that I kept you all in limbo. The latter part of 2005 was very
hard for me. I lost my nephew suddenly. His passing was hard on the
entire family. Thank you all for your prayers and encouragement. My
mother faced her surgery and came through it. She was finally able to
come home the day before Thanksgiving. She had been in the hospital and
rehab for about a month. She was just getting better when on Dec 31 she
was again in the hospital. She had a small heart attack. She's home now
but still faces a long road ahead of her. More surgery! UGH!!
I just want to say to all that wrote me with encouragement and love.
Thank you, thank you, thank you!
I'm not promising another chapter soon as I am so occupied by other
things. I will continue to write. Please be patient with me. I'm
trying my best.
Ok, enough from me. I do hope that you all enjoy chapter 27. Again I
appologize for all the mistakes. LOL ok ok...I'll stop now.
Send me a note and let me know what you think about my lastest
chapter....
This chapter is dedicated to my nephew. You were so young to leave us.
I know that we will see each other again. Until then, all my love.
Uncle David
John and Mateo 27
Monday morning came too quickly for Mateo. He laid in the dark in the
early morning hour. Last night he was unable to sleep as his thoughts
were filled with doubts as to what might happen in court. He rested on
his side. He looked at John as he slept. John's even breathing told him
that his boy was asleep. He moved closer to John's back and spooned his
body. He wrapped his arm around John's abs. Immediately in his sleep
John placed his hand on Mateo's arm and gave it a loving rub. He gently
kissed the back of John's neck. He loved the fact that John had allowed
his hair to grow during the summer months. He smelled the wonderful aroma
of the blond boys hair as he snuggled closer to him. He felt the ache
from his hard dick as it laid across the cleft of John's smooth butt.
Mateo felt he could face anything with John by his side. He silently
thank God for blessing him with his sweet and thoughtful John.
"Can't sleep?" The silence in the room was irrupted by John's question.
"Sorry I didn't mean to wake you." Mateo apologized.
John guided Mateo's hand from his abs to his lips as he gently kissed
his lover's hand.
"No worries babe." He turned his body so that their eyes met. "I know
you're worried." He ran his hand through Mateo thick mane of hair. "I'm
here for you, we'll get through this."
Mateo leaned in and kissed his tender lips. His face looked like he just
tasted something sour, "Eeew, morning breath. What did you eat last
night?"
John playfully punched his chest. "Your ass!"
"Oh you're funny little man," he grabbed John and pulled his smaller
frame onto his own.
"Your going to get it now." Mateo locked him in an embrace and once again
kissed him. Making a face as if he was deep in thought Mateo spoke, "My
ass tastes soooo good!"
"You perv, let me go." John giggled as he tried to free himself from
Mateo's strong arms.
"Not until I get another taste." Mateo smiled.
The room filled with laughter as both boys played. They were interrupted
by the ringing of the telephone.
"Hello?" Mateo said into the mouth piece. "Si Papi, Ok. Hasta pronto.
Bye."
"That was my father. He wants us up at the main house in twenty minutes
for breakfast. We need to be at the courthouse at nine and he said the
traffic from Los Angeles to Long Beach is always slow."
"OK, that leaves us time to shower, shave, and get dressed." John
replied.
John began moving toward the bathroom. Mateo grabbed his shoulder and
spun him around so that he was facing him and wrapped him in his arms. As
he looked into his eyes Mateo's face was a mask of uncertainty.
"I really don't want to do this. I'm so nervous." he confessed.
John looked into his eyes. "We can do this babe. We have to do this. We
have to stop Jason and Kevin from ever doing this again.
Mateo silently nodded his head in agreement. Once again John began to run
his fingers through Mateo's hair. He closed his eyes as he felt the
feeling of John fingers gently massaging his scalp.
John gently kissed him, "I'm here for you Teo. We will get through
this."
***
Downtown Long Beach would have been a great place to visit as a tourist.
There was the Long Beach Performing Arts Building, the Aquarium of the
Pacific, museums, and of course the beach. It was also a very gay
friendly city with many gay owned businesses, churches, and of course the
GLBT community center.
John and Mateo were surrounded by friends and loved ones as they entered
the courthouse. Once going through the metal detector at the entrance,
everyone gathered in the lobby.
They soon found out which room to report to and rode the elevator to the
fourth floor.
The hallway looked cold with dark marble that seemed to suck the heat out
of the air. John had imagined the courthouse to be different. It wasn't
like the beautiful courthouses on his favorite TV show Law & Order. It
was the total opposite. They walked in to see a small room which held
about a 100 people. The judges bench was small and the jury box didn't
look like the grand boxes he'd seen on TV. He was expecting warm wood
paneling and a judges bench so high that the judge himself would have
difficulty seeing or hearing the testimony of the witnesses. Instead of
the warm wood paneling, there was carpet and gray paint on the walls. The
Great Seal of California hung above the judge's bench. The American Flag
and the California State Flag stood on each side of the bench. The
atmosphere was very subdued as they made they way into the courtroom.
They found seats near the front of the room. A large man in a Sheriff's
uniform walked up to them.
"May I help you?"
Rafael Villasenor stood at the front of the group and spoke to the court
officer. "Yes, we are here for the case of California vs. Lopez."
"Are any of you here as witnesses in this case?" The officer asked as he
looked over the group of people before him.
"We are." Mateo answered as he and John moved forward.
The officer asked them their names and checked his paperwork.
"OK, you both follow me and the rest of you have a seat. The judge is
running late. The proceedings will begin shortly."
John and Mateo followed the 6 ft muscled officer into a room with the
words "Private" printed on the door. There was a table and chairs, a
vending machine with snacks, a soda machine, and in the corner sitting on
a small table was a coffee machine. The room was filled with the aroma of
coffee as it just finished brewing the dark beverage.
"The D.A's representative will be with you shortly." Help yourself to
some coffee or the vending machines. It shouldn't be that long." With a
smile on his face the guard was gone.
Five minutes later Min Nugyen walked into the room carrying a briefcase.
She smiled as she found John and Mateo sipping on the hot cups of coffee.
"Hello again." She said to the two. She had met with both of them on
Friday. They went to her office to rehearse their testimony. "I just
wanted to go over one last time your testimony that will be told in
court. We have judge Julia Ramirez. She's a very good judge. She's
known for here fairness and hard hand in court."
John and Mateo nodded their heads as Min placed her briefcase down on the
table. She also made herself a cup of coffee and sat down.
***
Thirty minutes later everyone was in the courtroom waiting for the still
tardy Judge Julia Ramirez.
On the other side on the courtroom at the defendants table sat Kevin.
Directly behind him in the courtroom seats sat Jason Greene. Both young
men didn't seem to be nervous as to the outcome of the case.
John watched both of them as they sat and joked with each other. Kevin
and Jason's parents were both seat another row back. They didn't look
like the type of people to raise two sons such as Jason and Kevin. Both
couples looked like normal all American parents. All four were dressed in
very professional attire. John noticed the looks on their faces. It was
pretty clear that they didn't want to be in court today. Being pulled
away from their busy lives to sit here in a small courtroom and hear
false accusations from a gay Mexican boy and his boyfriend was not their
idea of a productive day.
Jason's eyes locked onto John and smiled as he licked his lips. He
puckered up his lips and blew John a kiss. His kiss was returned with a
gesture from John. He without speaking, John told Jason to go fuck
himself. Jason chuckled as he nodded his head.
Finally there was some movement in the front of the courtroom. The
bailiff came to attention and spoke in a loud voice, "Remain seated, this
court in now in session. The honorable Judge Julia Ramirez presiding."
Julia Rameriz was a mother of six children. She stood at 5'11 and was
slim in stature. She moved with confidence in her step and didn't look
like she could be fooled easily. Her eyes were a soft brown. Her hair
which was pulled back in a black bow was a mixture of black and gray. Her
reading glasses hung from a gold chain around her neck. She carried a few
file folders in her hands.
"Good morning, Buenas Dias." She spoke as she looked out into the
courtroom. The bailiff answered her in a strong voice, others in the
courtroom followed him in mumbled responses.
Mateo liked her already only because she spoke Spanish to the courtroom.
She placed the files on her desk and laced her hands together. She looked
at the people in front of her and began to speak.
"Please excuse me for my tardiness. It seems the 405 freeway had other
plans for my time." She straightened her back and looked out into the
courtroom once again, "This morning we have the case of The State of
California versus Kevin Lopez"
She looked over her glasses down at Kevin. He gulped when her eyes rested
on him for a few seconds.
"Both parties have agreed and understand that this will not be a jury
trial. I will hear testimony from both sides and make my decision based
on the facts of this case and nothing more." She said matter of factly.
"I will not stand for any outbursts from the defendant or any other
people in the audience. I don't want to hear or see any dramatic players
in this courtroom. If you feel the need to speak out, yell, or faint,
please exit the courtroom before you do."
A few chuckles were heard through the room as the judge smiled.
"Let the record show that the attorneys in this case are Min Nugyen for
the state and Preston Scott for the defense. Miss Nugyen and Mr. Scott
are you ready with your opening statements?"
Both attorneys were ready and answered the judge.
"OK so let's get started. Miss Nugyen you are ready?"
Min Nugyen stood and straightened her business suit. "Yes your honor, the
state is ready."
"Very well, please don't keep us in suspense."
Min walked to the podium that was set off to the side of the judge's
bench and began her opening statement.
"Your honor we are here to prove that Kevin Lopez is guilty of the attack
and rape of Mateo Villasenor on the night of July 15, 2005. We will
further prove that the defendant planned the attack and had motive to
harm Mr. Villasenor. Evidence will show that the defendant was present at
the crime scene and responsible for the harm on Mr. Villasenor. The state
is seeking a minimum of 15 years in prison for Mister Lopez. Thank you
your honor."
Min stepped away from the podium and was about to sit down.
"Miss Nugyen, is Mr. Villasenor present this morning?" The judge looked
at Min.
"Yes your honor." She turned toward Mateo and gestured him to stand.
Mateo quickly stood.
"I'm here your honor, sir er..I mean m'am" Mateo's face was hot as he
struggled with his words.
"Gracias, thank you Mr. Villasenor, please take your seat," the judge
spoke. She resisted the urge to smile at Mateo's fumble of words.
She turned towards the other side of the courtroom and directed her
question to the Preston Scott. "Counselor are you ready with your opening
statement?"
Preston Scott rose from his seat and smoothed the fabric of his $3000.00
Italian suit. "Yes your honor."
"Please don't keep us in suspense." The judge used the same line as she
used with Min.
Preston Scott was a very well known attorney in Phoenix Arizona. He
actually worked at the same law firm as Jason's father. Although the two
attorneys never met, Preston was aware of Harold Greene's work and
reputation. He slowly made his way to the podium as if in deep
concentration. He towered over the podium and he practically draped his
body over the defenseless piece of wood.
"Your honor, we will prove that the sex between my client, Kevin Lopez
and Mr. Villasenor was consensual. We will also prove that Mr. Villasenor
propositioned my client into having homosexual relations with him."
There was a rising of commotion from the audience. The noise in the room
was definitely on the rise.
"Quiet, Quiet." The judge warned as she tapped her gavel on the block of
wood which acted as a pedestal. "Please be aware of my earlier warning. I
will clear this courtroom if I do not get silence."
John placed his hand on Mateo's knee. He wished to God that they had
never met Kevin and that they both would wake from this nightmare.
Mateo looked very nervous. He still had no recollection of that night's
events. John tried his best to calm him. He was hoping that his touch was
enough.
***
Two days had passed since the beginning of the trial. The prosecution
presented their case. John testified to seeing Mateo and Kevin in the
alley. Detective Fox presented the evidence of the condom, the DNA
evidence was infallible. Kevin's sperm had been found in the condom and
also on Mateo's skin. Mateo's testimony was of little help. He only
knew what happened to him from what other had told him. The defense
jumped on Mateo's testimony calling it hear say and nothing more. The
judge had to agree.
The third day started the defense argument. Of course every thing that
was said was a lie and Kevin knew it.
"Did you and Mister Villasenor have sexual relations?" Preston Scott
asked as he once again smoothed his Italian suit. Julia Ramirez gave him
a dirty look as he picked a piece on lint off his collar.
Kevin smiled at his attorney, "Yes, we fucked."
"Young man you will cease the use of foul language in my courtroom is
that clear? Julia Ramirez looked down at Kevin over her reading glasses.
"Please excuse my client your honor." Preston snickered, as he tried to
cover up Kevin's mistake. The judge didn't like that at all.
"And was your relationship with Mister Villasenor a romantic
relationship?"
"No," Kevin shook his head, "We only did it that one time and that was
it."
"Was the sex consensual?"
"Yes it was. In fact he was begging me to do him. Isn't that right
Mateo?"
At that moment Mateo jumped up from his seat. He was about to tell Kevin
to go fuck himself but before a single word came out of his mouth he
heard the crash of the judge's gavel as it struck the pedestal.
"You will not address any one in this courtroom is that clear Mister
Lopez?" Judge Rameriz was seeing red. She was tired of Kevin's games and
her patience was growing thin. She directed her next statement to
Kevin's lawyer. "Mister Scott you will pay a fine of 500 dollars to the
court. The reason is not instructing your client on proper courtroom
conduct. Get your check book out and pay the clerk." She stood from her
seat. "This court is now in recess for 15 minutes."
***
Fifteen minutes later the trial resumed. Judge Ramirez spent her little
break in her chambers having a cup of tea and trying to calm down from
the last episode in her courtroom. She knew that Kevin was lying. She
knew that Mateo was the victim of this crime. She only hoped that the
prosecution would only prove to do a better job in presenting the
evidence. Without Mateo's testimony they really didn't have a chance.
"Mister Scott you may resume your questioning of this witness." Julia
looked over at Kevin and then at his parents. They didn't look happy.
She knew that Preston would more than likely charge them the $500 dollars
for their sons actions.
"Your honor I have no more questions at this time."
The judge directed her next statement to Min, "Your witness Miss Nugyen."
Min slowly rose from her seat at the prosecutor's table. She silently
said as prayer as she approached the podium to begin her questioning. For
a moment she looked at Kevin with pity in her eyes. She wondered why he
would do this to another person. Over the past few days she had nothing
on her mind but this case. For Mateo's sake she hope that she had
presented enough evidence to put Kevin away. She had some other leads on
a third party but had heard nothing from her investigator in the field.
He had gone to Tucson to see what he could find out about Kevin Lopez and
Jason Greene. Min only hoped that he would return soon with something to
help this case. She didn't want to lose this one.
"Mister Lopez, can you tell the court how you met Mateo Villasenor?"
Kevin looked at Min for a few seconds. He looked confused. He decided to
tell the truth.
"I met him at his motel room." He didn't want to give her any more
information on their meeting.
"And how did you come to be at motel, on that particular day, at that
particular door?"
"I was just walking by and I saw them enter the room."
"Just walking by." Min repeated his answer to the courtroom.
"What was your purpose for knocking on that motel room door?" she asked,
as her eyebrows rose into arches.
"I needed to use a phone and I decided to ask them if they had a phone."
"By them, you mean Matteo Villasenor and John Clark?"
"Yes." Kevin replied
"Did you in fact tell them that you were a run away? That your father
didn't want you around because of your sexuality?"
"No." Kevin lied.
"Did you not tell them that you were gay and that you left your home?"
"No"
"Mister Lopez, both Mr. Villasenor and Mr. Clark testified that you used
Matteo's cell phone to call your mother. Did you call your mother?"
"Um." Kevin looked confused. "Yes...I mean..I mean...no."
`Well, Mister Lopez which is it?" Judge Rameriz looked down at the now
squirming Kevin.
"I don't remember." Kevin replied looking down into his lap.
At that moment John looked over to see Jason grabbing the wooden railing
dividing the courtroom. His knuckles were white as he sat on the edge of
his seat.
"Mr. Lopez, let me refresh your memory. You did not call your mother. You
called Jason Greene using Mateo's cell phone, isn't that right?" Min's
eyes narrowed as they bored into the top of Kevin's head.
"I don't remember." Kevin weakly replied.
Julia Rameriz spoke, "Mr. Lopez please speak louder or else the court
reporter can not record your testimony."
"I don't remember." Kevin's voice boomed in the courtroom as he leaned
into the microphone.
Min walked back to the table and picked up a small stack of papers.
"You honor, I'd like to submit into evidence that Mr. Villasenor's cell
phone was used to call Jason Greene's cell phone on July 7, 2005.
Records from both cell phone providers indicate that the call lasted
three minutes."
"So noted." The judge replied.
Preston stood up. "Objection your honor. Mr. Villasenor could have called
Jason Greene's cell phone."
"Your honor, both Mr. Clark and Mr. Villasenor have testified on
witnessing the defendant using the cell phone. The use of the cell phone
also coincides with the time provided by both cell phone companies. Also
your honor, the cell phone company has confirmed that Mr. Villasenor's
phone has called that particular phone number only one time." She turned
and looked at Jason, "Jason's phone; only one time."
"Your objection is over ruled." Judge Rameriz said.
Min smiled to herself.
Min continued with her questioning of Kevin.
"On the night of question, did you have any outside influence guiding
you?"
"I don't understand the question?" Kevin replied
"Did you have anyone telling you what to do? Giving you hints on how to
drug Mateo Villasenor and leading him outside so you could rape him?"
"OBJECTION your honor! Council is leading the witness!" Preston Scott
stood from his seat.
"Sustained. Be careful Ms. Nugyen." The judge admonished.
"Yes, your honor." Min replied.
Min turned and looked at Jason and then back at Kevin, making sure that
Kevin knew who she was looking at.
"So you had no outside influence?"
Kevin looked at Jason and then quickly back to Min, "No, I didn't."
"Was the sex consensual?"
"Yes."
"So even though you knew that Mr. Villasenor and his partner John were
together you had sex with Mr. Villasenor?"
"It was just a quick f..." Kevin caught himself before saying the word.
"It wasn't sex."
"What was it then Mr. Lopez?"
"It was just two guys having fun."
"Two guys having fun?" Min asked.
"Yes."
"It stopped being `fun' when you left Mateo naked in that dark alley.
It stopped being `fun' as you call it, when his partner saw you taking
advantage of his boyfriend. It stopped being `fun' Mr. Lopez, when the
ambulance came and took Mateo to the hospital.
"Your honor, does the prosecution have any question for my client?"
Preston Scott was on his feet again.
The gavel once again hit the pedestal, "That's enough counselor." Judge
Rameriz looked at Min. She silently wished that she could allow her to
continue. "Do you have any more questions?"
"Yes your honor." She once again locked her eyes on Kevin. "Do you take
drugs Mister Lopez"
"Objection your honor. This has no relevance to this case."
"I'll allow it." The judge replied. She was starting to get a head ache.
"Mr. Lopez please answer the question."
Kevin stirred a little in his seat, "I've taken some. A little pot, and
a little coke."
"Do you know what GHB is?" Min asked.
"No." Kevin looked nervous.
"Let me give you a little education Mr. Lopez. GHB is also known as the
"date rape" drug. It was found in Mr. Villasenor's blood stream and also
in the glass that he was drinking from that night at the Velvet Turtle."
She walked away from the podium towards Kevin. She crossed her arms. "GHB
is slipped into the drink of an unsuspecting man or women. They lose all
sense of time and place. They lose all memory of what happens to them
when they're under the influence of the drug."
Kevin's sweaty hands gripped the arms of the chair he was sitting in. He
couldn't look into the black eyes of the prosecutor. He felt it hard to
breath.
"Do you know how the GHB ended up in Mateo's glass?"
"No." Kevin replied. He started to feel queasy.
"Kevin" Min used his first name, "You're telling me and this court that
you were sitting with Mateo at a table in the Velvet Turtle and you went
to get drinks from the bar and you have no idea how, when or how the GHB,
the drug you say you know nothing about suddenly appeared in his drink?
"That's correct." Kevin said once again avoiding the eyes of the
prosecuting attorney.
"One more question Mr. Lopez and remember you're still under oath."
Kevin closed his eyes as if he were waiting to be punched in the gut.
"Are you gay Mr. Lopez?"
Once again Preston Scott was on his feet.
Kevin's head was down as he mumbled his reply to Min's question.
"I'm sorry Kevin, can you repeat your answer louder please?" Min asked.
"I said, I'm not a fag like Mateo and John."
There was sudden movement and murmuring in the courtroom. The noise began
to get louder.
"I have no more questions for this witness" Min said as she walked away
from Kevin.
"Quiet down. Quiet!" The judged said. She turned towards Kevin. "You're
dismissed Mr. Lopez.
She struck her gavel one time to quiet the courtroom. "Seeing as the time
is late this court is now adjourned until Monday morning at 9 am." The
judge gave two more raps with her gavel and stood up.
"All Rise! This courtroom is now in recess." The bailiff bellowed.
Everyone stood to see the Judge stand and leave.
John looked over to see Jason `high five' Kevin. The look of relief was
plain to read on Kevin's face. Jason wrap an arm around his shoulders
and led his pawn out the door. Both sets of parents followed the two
young men.
***
After a long weekend everyone found themselves in the same drab room. The
mood in the courtroom was one of somber. John had spent the entire
weekend assuring Mateo that the law would prevail and that they would see
justice served. Mateo told him that he watched too much TV and to prepare
himself for a verdict of not guilty. Mateo was trying to stay positive
but nothing but doubt filled his thoughts. He could see in his mind's
eye the smug look on Kevin's face as he heard the words of not guilty.
Jason would be there to congratulate his partner in crime. The two would
walk away free men. Free to torment other people. Free to lead their
lives without an ounce of remorse.
Mateo was pulled out of his thoughts as the bailiff announced the arrival
of the judge.
"Please stay seated, this court is now in session. The honorable judge
Julia Rameriz now proceeding."
Everyone seemed to sit straight up as the judge entered the courtroom.
"Good morning, Buenas Dias." She gave her normal morning greeting to the
people seating in her court. She quickly glanced around the room to see
all the parties involved in the case she was to judge. Her soft brown
eyes stopped on John and Mateo. She could clearly see the love that they
shared for each other. She admired them both. She watched as the blond
boy's hand covered his boyfriend's. Before she could catch herself she
smiled. She quickly recovered and cleared her throat. "Mr. Scott I do
believe it's still your turn. Do you have any further witnesses for your
case?"
"No your honor, the defense rests." Preston had thought about putting
Jason up on the stand to be used as a character witness for Kevin but
changed his mind. Jason wasn't too happy but Preston was running this
show. He realized that there would be too many questions about the phone
call that he received from Kevin and didn't want to give the prosecution
another chance to tear down another witness.
Julia Ramirez spoke, "Very well, we'll start..."
"You honor." Min interrupted the judge, "if I may, I have one more
witness for the prosecution's case."
"Objection your honor," Preston was on his feet. "The prosecution has not
informed us of any more witnesses."
"Your honor we just found this witness this past weekend." Min said. "My
colleague was in the field and came across this witness Saturday night.
If the court would grant me this one witness I'm sure that it would be
most informative to your honors decision."
Min's last statement peaked the judges interest. "I'll allow this
witness."
"Your honor, I object! We had no prior knowledge of this witness",
Preston Scott sounded desperate.
"I heard your objection and you are overruled. I will hear this witness
and if you need time to prepare for your cross examination than I will
give you all the time you need. Is that clear Mr. Scott.
Preston Scott's shoulders sagged as he answered the judge, "Yes your
honor."
Both Kevin and Jason were confused. They didn't know who else the
prosecution could use as a witness. They both had no idea who it could
be.
Min motioned to the bailiff. He walked to the back of the courtroom and
out into the hall. Everyone seemed to be holding their breath as they
waited for the mystery witness to arrive. A few seconds later the double
doors of the courtroom open and in stepped the witness.
John and Mateo looked back to see and then quickly turned towards each
other.. They both mouthed the same question, "Who's that?"
The courtroom was silent.
"Oh fuck."
Everyone in the room turned towards the words that were just uttered.
They saw Kevin bow his head into hands.
Always hoping to hear from you. John_mateo418@yahoo.com
David
We don't want to go back to tomorrow, we want to go forward.